Common use of Use Conditions Clause in Contracts

Use Conditions. Customer’s use of the Service and use of the Service by any other person or entity (“Customer’s Designees”) shall be: (a) in compliance with all applicable laws and the Transponder Authority; and (b) only within the United States of America or such other jurisdiction(s) as permitted by applicable law. Customer will not use, and will cause Customer’s Designees not to use the Service: (y) for any unlawful purpose, including, without limitation, violation of laws governing the content of material transmitted using the Service; and/or (z) without first obtaining any and all necessary Transponder Authority. Customer is permitted to allow Customer’s Designees to access use of the Service for the purpose of transmitting digital signals to the extent that such use is not prohibited by rule, regulation or law and subject to the terms and conditions of this Agreement. Customer shall provide SATS with at least five (5) business days’ prior written notice of any use of Service by Customer’s Designees and of the identity of any such Customer’s Designee. Should Customer permit use of such Service by any Customer’s Designee, Customer shall be a guarantor of compliance by each such Customer’s Designee with all of the terms, conditions, representations and warranties of this Agreement and any breach or default of any of the terms, conditions, representations and/or warranties of this Agreement by any such Customer’s Designee will be deemed to be a breach or default of this Agreement by Customer and any acts or omissions of Customer’s Designees related to the use of the Service will be deemed to be acts or omissions of Customer for purposes of this Agreement. In the event that Customer’s or Customer’s Designees’ use of Service or non-compliance with the terms and conditions of this Agreement (including, without limitation, this Section 4.2): (i) causes, or would reasonably be expected to cause, interference to or threatens the availability or operation of any services or facilities provided by SATS; or (ii) would reasonably be expected to result in (A) a claim against the SATS Group, or (B) the institution of criminal proceedings or administrative proceedings that would reasonably be expected to result in sanctions or other non-monetary remedies against SATS and/or any of its Affiliates, then, in addition to any other remedies that may be available to SATS hereunder, SATS shall be entitled to suspend and/or restrict such non-compliant use of the Service to the extent, but only to the extent, necessary and for the time necessary to remove the applicable action or threat of action or resolve it in SATS’ favor; provided, however, that without limitation to Customer’s obligations set forth in Article 6, Customer shall determine, at any time and from time to time in its sole and absolute discretion *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. for any reason or no reason, the content of the programming and/or other transmissions to be provided via the Satellite.

Use Conditions. Customer’s use of the Service and use of the Service by any other person or entity (“Customer’s Designees”) shall be: (ai) in compliance with all applicable laws and the Transponder Authority; and (bii) only within the United States of America or such other jurisdiction(s) as permitted by applicable law. Customer will not use, and will cause Customer’s Designees not to use the Service: (ya) for any unlawful purpose, including, without limitation, including violation of laws governing the content of material transmitted using the Service; and/or (zb) without first obtaining any and all necessary Transponder Authority. Customer is permitted to allow Customer’s Designees to access use of the Service for the purpose of transmitting digital signals to the extent that such use is not prohibited by rule, regulation or law and subject to the terms and conditions of this Agreement. Customer shall provide SATS EHC with at least five (5) business days’ prior written notice of any use of Service by Customer’s Designees and of the identity of any such Customer’s Designee. Should Customer permit use of such Service by any Customer’s Designee, Customer shall be a guarantor of compliance by each such Customer’s Designee with all of the terms, conditions, representations and warranties of this Agreement and any breach or default of any of the terms, conditions, representations and/or warranties of this Agreement by any such Customer’s Designee will shall be deemed to be a breach or default of this Agreement by Customer and any acts or omissions of Customer’s Designees related to the use of the Service will shall be deemed to be acts or omissions of Customer for purposes of this Agreement. In the event that If Customer’s or Customer’s Designees’ use of Service or non-compliance with the terms and conditions of this Agreement (including, without limitation, including but not limited to this Section 4.2.): (i) causes, or would reasonably be expected to cause, interference to or threatens the availability or operation of any services or facilities provided by SATSEHC; or (ii) would reasonably be expected to result in in: (Aa) a breach or violation of any other agreement between Customer or any of its Affiliates one the one hand and any member of the EHC Group on the other hand; (b) a claim against the SATS EHC Group, ; or (Bc) the institution of criminal proceedings or administrative proceedings that would reasonably be expected to result in sanctions or other non-monetary remedies against SATS EHC and/or any of its Affiliates, then, in addition to any other remedies that may be available to SATS EHC hereunder, SATS EHC shall be entitled to suspend and/or restrict such non-compliant use of the Service to the extent, but only to the extent, necessary and for the time necessary to remove the applicable action or threat of action or resolve it in SATS’ favor; provided, however, that without limitation to Customer’s obligations set forth in Article 6, Customer shall determine, at any time and from time to time in its sole and absolute discretion *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. for any reason or no reason, the content of the programming and/or other transmissions to be provided via the SatelliteService.

Use Conditions. Customer’s 's use of the Service and use of the Service by any other person or entity (“"Customer’s 's Designees”") shall be: (ai) in compliance with all applicable laws and the Transponder Authority; and (bii) only within the United States of America or such other jurisdiction(s) as permitted by applicable law. Customer will not use, and will cause Customer’s 's Designees not to use the Service: (ya) for any unlawful purpose, including, without limitation, including violation of laws governing the content of material transmitted using the Service; and/or (zb) without first obtaining any and all necessary Transponder Authority. Customer is permitted to allow Customer’s 's Designees to access use of the Service for the purpose of transmitting digital signals to the extent that such use is not prohibited by rule, regulation or law and subject to the terms and conditions of this Agreement. Customer shall provide SATS EchoStar with at least five (5) business days’ ' prior written notice of any use of Service by Customer’s 's Designees and of the identity of any such Customer’s 's Designee. Should Customer permit use of such Service by any Customer’s 's Designee, Customer shall be a guarantor of compliance by each such Customer’s 's Designee with all of the terms, conditions, representations and warranties of this Agreement and any breach or default of any of the terms, conditions, representations and/or warranties of this Agreement by any such Customer’s 's Designee will shall be deemed to be a breach or default of this Agreement by Customer and any acts or omissions of Customer’s 's Designees related to the use of the Service will shall be deemed to be acts or omissions of Customer for purposes of this Agreement. In the event that If Customer’s 's or Customer’s 's Designees’ ' use of Service or non-compliance with the terms and conditions of this Agreement (including, without limitation, including but not limited to this Section 4.2.): (i) causes, or would reasonably be expected to cause, interference to or threatens the availability or operation of any services or facilities provided by SATSEchoStar; or (ii) would reasonably be expected to result in in: (Aa) a breach or violation of any other agreement between Customer or any of its Affiliates one the one hand and any member of the EchoStar Group on the other hand; (b) a claim against the SATS EchoStar Group, ; or (Bc) the institution of criminal proceedings or administrative proceedings that would reasonably be expected to result in sanctions or other non-monetary remedies against SATS EchoStar and/or any of its Affiliates, then, in addition to any other remedies that may be available to SATS EchoStar hereunder, SATS EchoStar shall be entitled to suspend and/or restrict such non-compliant use of the Service to the extent, but only to the extent, necessary and for the time necessary to remove the applicable action or threat of action or resolve it in SATS’ favor; provided, however, that without limitation to Customer’s obligations set forth in Article 6, Customer shall determine, at any time and from time to time in its sole and absolute discretion *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. for any reason or no reason, the content of the programming and/or other transmissions to be provided via the SatelliteService.